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State of Bihar - Section

Section 13 in The Bihar Land Disputes Resolution Act, 2009

13. Procedure for resolution of disputes.

(1)Any aggrieved person may file an application or complaint before the Competent Authority within whose jurisdiction the disputed land or structure is situated.
(2)On receipt of the application or complaint, the Competent Authority shall proceed to issue notice to the parties concerned allowing them a fortnight's time from receipt of the notice to file their response and documentary evidence, if any.
(3)After the response is filed by the opposite party, the Competent Authority may allow one week's time to the applicant or the complainant to file his rejoinder, documentary evidence, if any, and a list of witnesses, if any, to be examined by him.
(4)After completion of the pleading, the Competent Authority shall hear the parties and dispose off the case on the basis of pleading of the parties if no further evidence or local enquiry is needed.
(5)If local enquiry is required, the Competent Authority may himself hold the enquiry or authorise any other public servant or Advocate to conduct the local enquiry and submit the report.The Competent Authority may also issue commission for local enquiry.
(6)If the Competent Authority considers it necessary to examine witnesses then he shall afford opportunity to the parties to dispute to produce witnesses in support of the application or complaint and in rebuttal thereof. The Competent Authority shall ensure that witnesses are produced by the parties to the dispute without undue delay and shall also ensure that the examination of witnesses is conducted on day to day basis.
(7)The Competent Authority, on conclusion of the hearing, perusal of report of local inquiry if any, and on examination of witnesses if any, shall finally hear the parties and pass appropriate order in accordance with law.
(8)The Competent Authority shall follow the above procedure where he takes cognizance of cases on reference made by a prescribed authority or officer.
(9)The Competent Authority may pass an interim order of injunction in case of threatened, unauthorised and unlawful dispossession or unauthorized and unlawful demolition of structure constructed over the land in dispute.
(10)The Competent Authority shall dispose off cases by passing a reasoned order.
(11)Detailed dispute resolution procedure shall be prescribed by the Government by making suitable Rules.